Karnataka High Court
Mr Abdulla Mannan Khan vs The State Of Karnataka on 13 August, 2020
Bench: B.V.Nagarathna, Ravi V Hosmani
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST 2020
PRESENT
THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA
AND
THE HON'BLE MR. JUSTICE RAVI V. HOSMANI
WRIT PETITION No.9153 OF 2020 (EDN-RES)
BETWEEN:
Mr. Abdulla Mannan Khan
Aged About 24 years,
Son of Mubarak Ahmed Khan
Residing at 537, 9th Cross,Tank Road,
Nr. Mohalla, Mysuru - 570007. ... Petitioner
Party -in-person
AND:
1. The State of Karnataka
Represented by Principle Secretary,
Department of Higher Education
Having its office at #30,
Prasanna Kumar Block,
Y Ramachandra Road, Gandhinagara,
Bangalore - 560 009.
2. Consortium of Medical, Engineering
and Dental Colleges of Karnataka
Represented by Executive Director
Having its Office at #132, Second Floor,
11th Main, 17th Cross, Malleswaram,
Bangalore - 560 055.
2
3. Union of India
Represented By Its Secretary,
Ministry of Home Affairs (MHA)
North Block, Central Secretariat
New Delhi - 110 001. ...RESPONDENTS
(By Shri. K. Shashi Kiran Shetty, Senior Counsel,
For Smt. Farah Fathima, Advocate for R-2)
This Writ Petition is filed under Articles 226 And 227
of the Constitution of India, praying to (i) Direct the R-1
and R-2 to withhold the examination of Karnataka
COMEDK 2020 which will be held on 19th August 2020 and
postpone it to after NEET JEE Examination and after
considering all the lockdown and till this Corona crisis is
averted (ii) declare that Notification of COMEDK dated
24.07.2020 is in violation of Ministry of Home Affairs,
Government of India Order Dated 29.07.2020 'Guidelines
for phased Re-Opening (Unlock-3)' and regard the
notification as unconstitutional and etc.
This Writ Petition coming on for orders, this day,
NAGARATHNA J., made the following:
ORDER
The petitioner is a practicing Advocate. He has filed this writ petition stating that this writ petition has been filed in public interest, seeking the following prayers:
"(a) Issue Writ, Order or Directions in the nature of Mandamus directing the 3 Respondent No.1 and Respondent No.2 to withhold the Examination of Karnataka COMEDK 2020 which will be held on 19th August 2020 and Postpone it to after NEET JEE Examination and after considering all the Lockdown and till this Corona Crisis is averted.
(b) Issue Writ, Order or Direction to declare that Notification of COMEDK dated 24-07-2020 is in violation of Ministry Home Affairs, Government of India, Order no. 40-3 2020-DM-I (A) dated 29th July 2020 "Guidelines for Phased Re-opening (Unlock 3)" and Regard the Notification as Unconstitutional.
(c) Issue any other writ, order or direction which deems fit in the circumstances of the cases in the interest of Justice and Equity."
In substance, the petitioner is seeking postponement of the examination of Karnataka 4 COMEDK-2020 which is to be held on 19th August 2020 on account of Corona Virus-COVID-19- Pandemic.
2. We have heard the petitioner who has appeared in person and learned Additional Government Advocate who has appeared on advance notice and learned Senior Counsel and counsel for the second respondent-COMEDK who has also appeared on advance notice through video conference. We have perused the material on record.
3. Petitioner has drawn our attention to the contents of writ petition and also to the prayers sought for by the petitioner by contending, on account of the Corona Virus -COVID-19-Pandemic, in many States there is a lockdown and further the students who wish to appear for the COMEDK entrance test would be put to jeopardy and hardship if the COMEDK 5 entrance test is permitted to be conducted by the second respondent -COMEDK on 19th August 2020 in- as-much as they would be exposed to the risk of the disease. He submitted that the entrance test is for professional colleges which are private institutions and the COMEDK test is conducted as an entrance test for various Engineering colleges in the State of Karnataka to be held on 19th August 2020 during the ongoing COVID-19 Pandemic. Although Standard Operating Procedure (hereinafter referred to as 'SOP' for the sake of convenience) has been prepared for the purpose of conducting the examination in a safe manner, nevertheless, there is a great risk in conducting the test on 19th August 2020. That the students would be put to hardship if they have to take the examination on 19th August 2020. A copy of the SOP is annexed as Annexure-F to the writ petition. Petitioner contended that bearing in mind the risk to 6 the health of the students as they would be exposed to the disease during the COMEDK test, it would be in their interest not to conduct the test on the said date and hence, the entrance test may be postponed to a future date after NEET & JEE tests are conducted.
4. As a counter to this argument, learned Senior Counsel, appearing for the second respondent submitted, COMEDK test is being conducted after ensuring the health and safety of the students who would appear in the entrance test. That SOP has been exhaustively prepared in order to ensure that there is social distancing and no risk to be caused to the candidates who appear in the entrance test. He stated that the test is being conducted by M/s. Tata Consultancy Services on behalf of COMEDK which is a professional entity, whose personnel have applied their mind as to the manner in which the test has to be conducted in a safe manner. Learned Senior 7 Counsel also drew our attention to the order passed by a Co-ordinate Bench of this Court dated 29.07.2020 in W.P. No.8916/2020, wherein this Court permitted the State Government to conduct Karnataka CET -2020 for the candidates who wished to take the said test on 30.07.2020 for engineering seats and the interim prayer sought for in the said matter was rejected. That as many as 1,84,368 students in Karnataka State alone had downloaded the hall tickets for appearing in the said test which was successfully conducted on 30.07.2020. A copy of the order passed by a Co-ordinate Bench of this Court has also been made available to us.
5. In the aforesaid premise, learned Senior Counsel urged that this Court may not interfere in the matter since hundreds of candidates have already appeared in Karnataka CET-2020 and therefore, those candidates who are interested in appearing in 8 COMEDK test, whether from Karnataka or other States must also be permitted to do so. Otherwise their academic interest would be in jeopardy as the students may stand to lose an academic year.
6. Learned AGA, appearing for the State Government submitted, if the SOP is scrupulously followed and the candidates and their parents take sufficient precautions, then the entrance test could be conducted on 19th August 2020. He also submitted that the State Government has successfully conducted the SSLC examination for about eight lakh students and Karnataka CET-2020 entrance test for the Engineering Students and there is no reason as to why the COMEDK test must be postponed.
7. Having heard learned counsel for the respective parties and on perusal of the material on record, as well as the order dated 29.07.2020 passed 9 in W.P. No.8916/2020, at the outset, we find that there is already a delay in the entrance test being conducted this year on account of Corona Virus - COVID-19-Pandemic. In normal times, such a test would have been conducted in the months of April- May. But, due to the pandemic and subsequent lockdown ordered by the Central and State Governments and bearing in mind the precautions to be taken by the general public and particularly the students, this year, the test or examination could not be conducted in time. But, with the passage of time, the State Government decided to conduct the SSLC examination in the State of Karnataka for eight lakh students and also notified Karnataka CET-2020 for the professional colleges i.e., Engineering colleges for nearly two lakh students. The said exams/test were conducted on the notified dates and this Court as well as the Hon'ble Supreme Court did not interfere in the 10 matter. It is on the aforesaid basis that COMEDK test by a Consortium of private professional colleges i.e., Engineering colleges has decided to conduct the entrance test on 19th August 2020 by issuance of Notification dated 24th July 2020 in two shifts as per Annexure-B to the writ petition. The test is being conducted in three hundred centres all over India as per Annexure-E. The SOP to be followed by the students as well as the other stake holders on the said date has also been issued.
8. We have perused the SOP which has been appended as Annexure-F to the writ petition. The same reads as under:
"COMEDK - UniGAUGE Social Distancing Exam Process STEP BY STEP PROCESS AT TEST CENTRES Crowd Management and Candidate Entry at Exam Centre • Reporting time sent to candidates via SMS a day prior to exam 11 • Security Guard outside the gate wears a mask, gloves and face shield at all times. • Security guard ensures that all candidates follow the below guidelines during Entry:
- Ensure staggered entry is followed as per the time slots of 15 mins. each.
- Candidates stand in a queue on the floor marks outside gate.
- Candidates wear mask and maintain a safe distance between each other.
- Candidates do not overcrowd outside the gate
- Candidates keep the documents ready for verification
- Sanitization of candidates' hands after entering the venue.
- Parents/Guardians dropping the child are requested not to crowd at exam gate or outside the venue.
Checks at Gate Entrance • Security Guard wears mask, gloves & face shield and checks the following:
- Candidate's Body Temperature using a thermo gun (Temperature should be below 99.14 degree Fahrenheit to be allowed inside venue)
- Candidate's status in Aarogya Setu App (Declaration on TAT to be provided, if Aarogya Setu App is not available)
- Exam-related documents (Test Admission Ticket, Original ID proof, 2 Passport size photograph) • Below type of candidates will not be allowed inside exam venue:
- Body temperature above 99.14 degree Fahrenheit
- Symptoms of COVID-19 observed
- Status showing High/Medium Risk in Aarogya Setu App 12 Baggage Area Management • Candidates sanitize their hands after entering inside the gate and proceed towards baggage area • Limited no. of candidates allowed in the baggage area at a given point of time. • Mobile phones to be kept inside bags and deposited at the baggage area. • Candidates place all the prohibited items in the baggage area and carry below items to the lab:
− Mask − Gloves − Pencil − Personal Hand Sanitizer bottle (50 ml) − Personal transparent water bottle − Exam-related documents (Test Admission Ticket(TAT), Original ID proof, 2 Passport size photograph) Document Verification & Bar Code Scan • Candidates sanitize their hands after placing their bags and proceed for document verification • Candidates stand over the floor marks while waiting for their turn • Volunteer checks the candidates' Test Admission Ticket and Original ID proof from a safe distance • Bar code on the candidates' Test Admission Ticket is scanned using a bar code reader • Lab no. is displayed on the system and informed to the candidate • Candidates are guided to the appropriate labs by the volunteer following social distancing norms Pre-Exam Process in the Exam Labs • Candidates' documents checked at the lab entrance.13
• After verification, candidates sanitize their hands and proceed for registration. • At the registration desk:
- Candidate stands straight & removes the mask
- Registration Manager captures a clear photograph of the candidate
- Candidates to go to the allocated system after completion of registration • Safety measure are taken by invigilators for taking candidates' signatures on TAT • Candidates sanitize their hands before and after putting the signature on TAT.
Allocation of Candidates in Exam Hall • Candidates are allocated seat with social distancing norms.
• Sanitization of Exam Labs (Chairs, Floors, Keyboards, Mouse, Systems & Desks) will be done before and after each shift.
Managing disruption during exam • Invigilator wears mask and follow Social Distancing norms with candidates whenever operating candidate machines. • They sanitize their hands before and afterwards.
• In case of disruption requiring shifting of candidate to another desk, the candidate is moved to an absent candidate desk thus ensuring social distancing norms. • In case of disruption requiring shifting of candidates in larger numbers: A) the movement is handled row-wise in a sequential manner.
B) Social distancing norms to be followed by candidates at all times.14
Post-Exam Process • Rough sheets are dropped in a separate drop box by the candidates.
• Volunteers present along the exit path to ensure proper movement of candidates. • Candidates follow social distancing norms while leaving from the center.
• All Invigilators carry the used masks and gloves to their homes and dispose them there. Sanitation Process • Below areas/items are disinfected before and after each shift:
− Entrance Gate − Reception − Visitor Lobby − Lifts − Washrooms − Common areas − Baggage areas − Door Handles − Staircase Railings − Exam Labs (Chairs, Floors, Keyboards, Mouse, Systems & Desks) • Sanitizer bottles at the venue are refilled at regular intervals • Trash bins are cleaned before and after each shift Usage of Lifts • Lifts are used only if absolutely required. Wherever possible, staircases are used while maintaining social distancing norms. • Only 2 persons are allowed in small lifts, and 4 persons in large lifts.
• Sanitizer bottle is kept in the lift so that hands can be sanitized after touching buttons • Lift usage instructions are posted both outside and inside the lifts.15
Safety Measures for Staff • Manpower involved in conducting exam are provided with the below items:
− Mask − Gloves − Face Shields • Social distancing is encouraged and followed by all associates.
• All exam functionaries will go through the thermo gun check before entering the venue. • If any associate's body temperature is more than the permissible limit of 99.14 Degree F, he/she is informed to go back home immediately.
• Regular disinfection is carried at the centres using backpack spray machine (10 ml hypochlorite solution to 1 litre of water). • Regular hand sanitization is followed by all associates."
In addition, if the concerned stake holders are of the opinion that some more safeguards and measures would have to be taken on the said date then the same shall also be taken which shall be in the interest of the candidates.
9. This Court, in W.P.No.8916/2020 by its order dated 29.07.2020 has also taken note of the SOP that was made available to the Court for the 16 conduct of the KCET-2020 by the State Government and therefore rejected the interim prayer sought in the said case.
10. Further, we note that the COMEDK test is being conducted all over India at three hundred Centres and in 30 States and Union Territories. The test is for 20,000 seats in 190 Colleges and seven private /State Universities in the State of Karnataka. None of the students has filed any petition seeking postponement of the exams. Learned Senior Counsel for respondent No.2 also contended that the e-mails of certain students cannot be believed nor can they be the basis for filing this writ petition.
11. It is no doubt true that the Corona Virus - COVID-19-Pandemic has affected everybody, not only in this Country but the World over. But, with the passage of time, the Central and the State 17 Governments have relaxed the lockdown restrictions as well as the citizens have now got accustomed to carry on with their lives as well as Governments are carrying on with governance and administration etc., by taking all precautions. It is in that light, we have to view the conduct of examination or entrance test for various professional colleges or such other entrance tests, such as COMEDK, as in the instant case. Moreover, any test/exam would inherently have to follow social distancing norms.
12. In the circumstances, we think it is just and proper not to interfere in the matter. Hence, the writ petition is dismissed.
13. However, we observe that the second respondent which is conducting the test will ensure that all precautions that have to be followed for the safe conduct of the examination on 19th August 2020 18 as per the SOP shall be followed and if necessary, additional precautions may also be taken, apart from what has been extracted above in the form of SOP. Also the students can download the SOP as per Annexure-F and follow the same. The second respondent shall also make available copies of the SOP when they arrive at the test centres so as to adhere to the same. Further, second respondent can instruct the students who intend to appear for the test to study and familiarise with the SOP before arriving at the test centres.
Sd/-
JUDGE Sd/-
JUDGE BVK